SOURCE: The provisions of this Part 360 appear at 55 Fed. Reg.
46496, November 5, 1990, except as otherwise
noted.

§ 360.1 Least-cost resolution.

(a) General rule. Except as provided in section
13(c)(4)(G) of the FDI Act (12 U.S.C.
1823(c)(4)(G)), the FDIC shall not take any action, directly or
indirectly, under sections 13(c), 13(d), 13(f), 13(h) or 13(k) of the
FDI Act (12 U.S.C. 1823(c), (d), (f), (h) or (k)) with respect to any
insured depository institution that would have the effect of increasing
losses to any insurance fund by protecting:

(1) Depositors for more than the insured portion of their
deposits (determined without regard to whether such institution is
liquidated); or

(2) Creditors other than depositors.

(b) Purchase and assumption transactions. Subject to the
requirement of section 13(c)(4)(A) of the FDI Act (12 U.S.C.
1823(c)(4)(A)), paragraph (a) of this section shall not be construed as
prohibiting the FDIC from allowing any person who acquires any assets
or assumes any liabilities of any insured depository institution, for
which the FDIC has been appointed conservator or receiver, to acquire
uninsured deposit liabilities of such institution as long as the
applicable insurance fund does not incur any loss with respect to such
uninsured deposit liabilities in an amount greater than the loss which
would have been incurred with respect to such liabilities if the
institution had been liquidated.

(a) Notwithstanding any other provisions of federal or
state law or any other provisions of these regulations, the receiver of
a borrower from a Federal Home Loan bank shall recognize the priority
of any security interest granted to a Federal Home Loan bank by any
member of any Federal Home Loan bank or any affiliate of any such
member, whether such security interest is in specifically designated
assets or a blanket interest in all assets or
categories of assets, over the
claims and rights of any other party (including any receiver,
conservator, trustee or similar party having rights of a lien creditor)
other than claims and rights that

(1) Would be entitled to priority under otherwise applicable law;
and

(2) Are held by actual bona fide purchasers for value or by
actual secured parties that are secured by actual perfected security
interests.

(b) If the receiver rather than the bank shall have possession of
any collateral consisting of notes, securities, other instruments,
chattel paper or cash securing advances of the bank, the receiver
shall, upon request by the bank, promptly deliver possession of such
collateral to the bank or its designee.

(c) In the event that a receiver is appointed for any member of a
Federal Home Loan bank, the following procedures shall apply:

(1) The receiver and the bank shall immediately seek and develop
a mutually agreeable plan for the payment of any advances made by the
bank to such borrower or for the servicing, foreclosure upon and
liquidation of the collateral securing any such advances, taking into
account the nature and amount of such collateral, the markets in which
such collateral is normally traded or sold and other relevant factors.

(2) In the event that the receiver and the bank shall not, in
good faith, be able to develop such a mutually agreeable plan, or, in
the interim, the bank in good faith reasonably concludes that the value
of such collateral is decreasing, because of interest rate or other
market changes, at such a rate that to delay liquidation or other
exercise of the bank's rights as a secured party for the development of
a mutually agreeable plan could reasonably cause the value of such
collateral to decrease to an amount that is insufficient to satisfy the
bank's claim in full, the bank may, at any time thereafter if permitted
to do so by the terms of the advances or other security agreement with
such borrower or otherwise by applicable law, proceed to foreclose
upon, sell, lease or otherwise dispose of such collateral (or any
portion thereof), or otherwise exercise its rights as a secured party,
provided that the bank acts in good faith and in a commercially
reasonable manner and otherwise in accordance with applicable law.

(3) The foregoing provisions of this paragraph (c) shall not
apply in the event that a purchase and assumption transaction is
entered into regarding any such member.

(d) The bank's rights pursuant to the second sentence of section
10(d) of the Federal Home Loan Bank Act shall not be affected or
diminished by any provisions of state law that may be applicable to a
security interest in property of the member.

(e) The receiver for a borrower from a Federal Home Loan bank shall
allow a claim for a prepayment fee by the Bank if, and only if:

(1) The claim is made pursuant to a written contract that
provides for a prepayment fee, provided, however, that such prepayment
fee allowed by the receiver shall not exceed the present value of the
loss attributable to the difference between the contract rate of the
secured borrowing and the reinvestment rate then available to the Bank;
and

(2) The indebtedness owed to the Bank by such borrower is secured
by sufficient collateral in which a perfected security interest in
favor of the Bank exists or as to which the Bank's security interest
is entitled to priority under section 306(d) of the Competitive
Equality Banking Act of 1987 (CEBA) (12 U.S.C. 1430(e), footnote (1),
or otherwise so that the aggregate of the outstanding principal on the
advances secured by such collateral, the accrued but unpaid interest
thereon and the prepayment fee applicable to such advances can be paid
in full from the amounts realized from such collateral. For purposes of
this paragraph (e)(2), the adequacy of such collateral shall be
determined as of the date such prepayment fees shall be due and payable
under the terms of the written contract providing therefor.

(a) Unsecured claims against an association or the receiver that
are proved to the satisfaction of the receiver shall have priority in
the following order:

(1) Administrative expenses of the receiver, including the costs,
expenses, and debts of the receiver;

(2) Administrative expenses of the association, provided
that such expenses were incurred within thirty (30) days prior to
the receiver's taking possession, and that such expenses shall be
limited to reasonable expenses incurred for services actually provided
by accountants, attorneys, appraisers, examiners, or management
companies, or reasonable expenses incurred by employees which were
authorized and reimbursable under a pre-existing expense reimbursement
policy, that, in the opinion of the receiver, are of benefit to the
receivership, and shall not include wages or salaries of employees of
the association;

(3) Claims for wages and salaries, including vacation and sick
leave pay and contributions to employee benefit plans, earned prior to
the appointment of the receiver by an employee of the association whom
the receiver determines it is in the best interests of the receivership
to engage or retain for a reasonable period of time;

(4) If authorized by the receiver, claims for wages and salaries,
including vacation and sick leave pay and contributions to employee
benefits plans, earned prior to the appointment of the receiver, up to
a maximum of three thousand dollars ($3,000) per person, by an employee
of the association not engaged or retained pursuant to a determination
by the receiver pursuant to the third category above;

(5) Claims of governmental units for unpaid taxes, other than
federal income taxes, except to the extent subordinated pursuant to
applicable law; but no other claim of a governmental unit shall have a
priority higher than that of a general creditor under paragraph (a)(6)
of this section;

(6) Claims for withdrawable accounts, including those of the
Corporation as subrogee or transferee, and all other claims which have
accrued and become unconditionally fixed on or before the date of
default, whether liquidated or unliquidated, except as provided in
paragraphs (a)(1) through (a)(5) of this section, provided, however,
that if the association is chartered and was operated under the laws of
a state that provided a priority for holders of withdrawable accounts
over such other claims or general creditors, such priority within this
paragraph (a)(6) shall be observed by the receiver; and provided
further, that if deposits of a federal association are booked or
registered at an office of such association that is located in a state
that provides such priority with respect to state-chartered
associations, such deposits in a federal association shall have
priority over such other claims or general creditors, which shall be
observed by the receiver;

(7) Claims other than those that have accrued and become
unconditionally fixed on or before the date of default, including
claims for interest after the date of default on claims under paragraph
(a)(6) of this section, Provided that any claim based on an
agreement for accelerated, stipulated, or liquidated damages, which
claim did not accrue prior to the date of default, shall be considered
as not having accrued and become unconditionally fixed on or before the
date of default;

(8) Claims of the United States for unpaid federal income taxes;

(9) Claims that have been subordinated in whole or in part to
general creditor claims, which shall be given the priority specified in
the written instruments that evidence such claims; and

(10) Claims by holders of nonwithdrawable accounts, including
stock, which shall have priority within this paragraph (a)(10) in
accordance with the terms of the written instruments that evidence such
claims.

(b) Interest after the date of default on claims under paragraph
(a)(6) of this section shall be at a rate or rates adjusted monthly to
reflect the average rate for U.S. Treasury bills with maturities of not
more than ninety-one (91) days during the preceding three (3) months.

(c) [Reserved]

(d) All unsecured claims of any category or class or priority
described in paragraphs (a)(1) through (a)(10) of this section shall be
paid in full, or provision made for such payment, before any claims of
lesser priority are paid. If there are insufficient funds to pay all
claims of a category or class in full, distribution to claimants in
such category or class shall be made pro rata. Notwithstanding anything
to the contrary herein, the receiver may, at any time, and from time to
time, prior to the payment in full of all claims of a category or class
with higher priority, make such distributions to claimants in priority
classes outlined in paragraphs (a)(1) through (a)(6) of this section as
the receiver believes are reasonably necessary to conduct the
receivership.

Provided that the receiver determines that adequate funds
exist or will be recovered during the receivership to pay in full all
claims of any higher priority.

(e) If the association is in mutual form, and a surplus remains
after making distribution in full of allowed claims as set forth in
paragraphs (a) and (b) of this section, such surplus shall be
distributed to the depositors in proportion to their accounts as of the
date of default.

(f) Under the provisions of section 11(d)(11) of the Act
(12 U.S.C. 1821(d)(11)), the
provisions of this § 360.3 do not apply to any receivership
established and liquidation or other resolution occurring after August
10, 1993.

The priority for "administrative expenses of the receiver", as
that term is used in section 11(d)(11) of the Act (12 U.S.C.
1821(d)(11)), shall include those necessary expenses incurred by the
receiver in liquidating or otherwise resolving the affairs of a failed
insured depository institution. Such expenses shall include pre-failure
and post-failure obligations that the receiver determines are necessary
and appropriate to facilitate the smooth and orderly liquidation or
other resolution of the institution.

(a) Authority and purpose. Sections 11(e)(8) through
(10) of the Federal Deposit Insurance Act,
12 U.S.C. 1821(e)(8) through
(10), provide special rules for the treatment of qualified financial
contracts of an insured depository institution for which the FDIC is
appointed conservator or receiver, including rules describing the
manner in which qualified financial contracts may be transferred or
closed out. Section 11(e)(8)(D)(i) of the Federal Deposit Insurance
Act, 12 U.S.C. 1821(e)(8)(D)(i), grants the Corporation authority to
determine by regulation whether any agreement, other than those
identified within section 11(e)(8)(D), should be recognized as
qualified financial contracts under the statute. The purpose of this
section is to identify additional agreements which the Corporation has
determined to be qualified financial contracts.

(b) Repurchase agreements. The following agreements
shall be deemed "repurchase agreements" under section
11(e)(8)(D)(v) of the Federal Deposit Insurance Act, as amended (12
U.S.C. 1821(e)(8)(D)(v)): A repurchase agreement on qualified foreign
government securities is an agreement or combination of agreements
(including master agreements) which provides for the transfer of
securities that are direct obligations of, or that are fully guaranteed
by, the central governments (as set forth at
12 CFR part 325, appendix
A, section II.C, n. 17, as may be amended from time to time or
12 CFR 324.2 (definition of sovereign exposure), as applicable) of the
OECD-based group of countries (as set forth at 12 CFR part 325,
appendix A, section II.B.2., note 12 as generally discussed in 12 CFR
324.32) against the transfer of funds by the transferee of such
securities with a simultaneous agreement by such transferee to transfer
to the transferor thereof securities as described above, at a date
certain not later than one year after such transfers or on demand,
against the transfer of funds.

(c) Swap agreements. The following agreements shall be
deemed "swap agreements" under section 11(e)(8)(D)(vi) of the
Federal Deposit Insurance Act, as amended (12 U.S.C.
1821(e)(8)(D)(vi)): A spot foreign exchange agreement is any agreement
providing for or effecting the purchase or sale of one currency in
exchange for another currency (or a unit of account established by an
intergovernmental organization such as the European Currency Unit) with
a maturity date of two days or less after the agreement has been
entered into, and includes short-dated transactions such as
tomorrow/next day and same day/tomorrow transactions.

(d) Nothing in this section shall be construed as limiting or
changing a party's obligation to comply with all reasonable trading
practices and requirements, non-insolvency law requirements and any
other requirements imposed by other provisions of the FDI Act. This
section in no way limits the authority of the Corporation to take
supervisory or enforcement actions, or to otherwise manage the affairs
of a financial institution for which the Corporation has been appointed
conservator or receiver.

§ 360.6 Treatment of financial assets transferred in connection
with a securitization or participation.

(a) Definitions.

(1) Financial asset means cash or a contract or instrument that
conveys to one entity a contractual right to receive cash or another
financial instrument from another entity.

(2) Investor means a person or entity that owns an obligation
issued by an issuing entity.

(3) Issuing entity means an entity that owns a financial asset or
financial assets transferred by the sponsor and issues obligations
supported by such asset or assets. Issuing entities may include, but
are not limited to, corporations, partnerships, trusts, and limited
liability companies and are commonly referred to as special purpose
vehicles or special purpose entities. To the extent a securitization is
structured as a multi-step transfer, the term issuing entity would
include both the issuer of the obligations and any intermediate
entities that may be a transferee. Notwithstanding the foregoing, a
Specified GSE or an entity established or guaranteed by a Specified GSE
shall not constitute an issuing entity.

(4) Monetary default means a default in the payment of principal
or interest when due following the expiration of any cure period.

(5) Obligation means a debt or equity (or mixed) beneficial
interest or security that is primarily serviced by the cash flows of
one or more financial assets or financial asset pools, either fixed or
revolving, that by their terms convert into cash within a finite time
period, or upon the disposition of the underlying financial assets, and
by any rights or other assets designed to assure the servicing or
timely distributions of proceeds to the security holders issued by an
issuing entity. The term may include beneficial interests in a grantor
trust, common law trust or similar issuing entity to the extent that
such interests satisfy the criteria set forth in the preceding
sentence, but does not include LLC interests, partnership interests,
common or preferred equity, or similar instruments evidencing ownership
of the issuing entity.

(6) Participation means the transfer or assignment of an
undivided interest in all or part of a financial asset, that has all of
the characteristics of a "participating interest," from a seller,
known as the "lead," to a buyer, known as the
"participant," without recourse to the lead, pursuant to an
agreement between the lead and the participant. "Without
recourse" means that the participation is not subject to any
agreement that requires the lead to repurchase the participant's
interest or to otherwise compensate the participant upon the
borrower's default on the underlying obligation.

(7) Securitization means the issuance by an issuing entity of
obligations for which the investors are relying on the cash flow or
market value characteristics and the credit quality of transferred
financial assets (together with any external credit support permitted
by this section) to repay the obligations.

(8) Servicer means any entity responsible for the management or
collection of some or all of the financial assets on behalf of the
issuing entity or making allocations or distributions to holders of the
obligations, including reporting on the overall cash flow and credit
characteristics of the financial assets supporting the securitization
to enable the issuing entity to make payments to investors on the
obligations. The term "servicer" does not include a trustee for
the issuing entity or the holders of obligations that makes allocations
or distributions to holders of the obligations if the trustee receives
such allocations or distributions from a servicer and the trustee does
not otherwise perform the functions of a servicer.

(9) Specified GSE means each of the following:

(i) The Federal National Mortgage Association and any affiliate
thereof;

(ii) Federal Home Loan Mortgage Corporation and any affiliate
thereof;

(iii) The Government National Mortgage Association; and

(iv) Any federal or state sponsored mortgage finance agency.

(10) Sponsor means a person or entity that organizes and
initiates a securitization by transferring financial assets, either
directly or indirectly, including through an affiliate, to an issuing
entity, whether or not such person owns an interest in the issuing
entity or owns any of the obligations issued by the issuing entity.

(11) Transfer means:

(i) The conveyance of a financial asset or financial assets to an
issuing entity or

(ii) The creation of a security interest in such asset or assets
for the benefit of the issuing entity.

(b) Coverage. This section shall apply to securitizations that meet
the following criteria.

(1) Capital Structure and Financial Assets. The documents
creating the securitization must define the payment structure and
capital structure of the transaction.

(i) Requirements applicable to all securitizations:

(A) The securitization shall not consist of re-securitizations of
obligations or collateralized debt obligations unless the documents
creating the securitization require that disclosures required in
paragraph (b)(2) of this section are made available to investors for
the underlying assets supporting the securitization at initiation and
while obligations are outstanding; and

(B) The documents creating the securitization shall require that
payment of principal and interest on the securitization obligation must
be primarily based on the performance of financial assets that are
transferred to the issuing entity and, except for interest rate or
currency mismatches between the financial assets and the obligations,
shall not be contingent on market or credit events that are independent
of such financial assets. The securitization may not be an unfunded
securitization or a synthetic transaction.

(ii) Requirements applicable only to securitizations in which the
financial assets include any residential mortgage loans:

(A) The capital structure of the securitization shall be limited
to no more than six credit tranches and cannot include
"sub-tranches," grantor trusts or other structures.
Notwithstanding the foregoing, the most senior credit tranche may
include time-based sequential pay or planned amortization and companion
sub-tranches; and

(B) The credit quality of the obligations cannot be enhanced at
the issuing entity or pool level through external credit support or
guarantees. However, the credit quality of the obligations may be
enhanced by credit support or guarantees provided by Specified GSEs and
the temporary payment of principal and/or interest may be supported by
liquidity facilities, including facilities designed to permit the
temporary payment of interest following appointment of the FDIC as
conservator or receiver. Individual financial assets transferred into a
securitization may be guaranteed, insured or otherwise benefit from
credit support at the loan level through mortgage and similar insurance
or guarantees, including by private companies, agencies or other
governmental entities, or government-sponsored enterprises, and/or
through co-signers or other guarantees.

(2) Disclosures.

The documents shall require that the sponsor, issuing entity,
and/or servicer, as appropriate, shall make available to investors,
information describing the financial assets, obligations, capital
structure, compensation of relevant parties, and relevant historical
performance data set forth in paragraph (b)(2) of this section.

(i) Requirements applicable to all securitizations:

(A) The documents shall require that, on or prior to issuance of
obligations and at the time of delivery of any periodic distribution
report and, in any event, at least once per calendar quarter, while
obligations are outstanding, information about the obligations and the
securitized financial assets shall be disclosed to all potential
investors at the financial, asset or pool level, as appropriate for the
financial assets, and security-level to enable evaluation and analysis
of the credit risk and performance of the obligations and financial
assets. The documents shall require that such information and its
disclosure, at a minimum, shall comply with the requirements of
Securities and Exchange Commission Regulation AB, 17 CFR 229.1100
through 1123 (to the extent then in effect) or any successor disclosure
requirements for public issuances, even if the obligations are issued
in a private placement or are not otherwise required to be registered.
Information that is
unknown or not available to the
sponsor or the issuer after reasonable investigation may be omitted if
the issuer includes a statement in the offering documents disclosing
that the specific information is otherwise unavailable;

(B) The documents shall require that, on or prior to issuance of
obligations, the structure of the securitization and the credit and
payment performance of the obligations shall be disclosed, including
the capital or tranche structure, the priority of payments and specific
subordination features; representations and warranties made with
respect to the financial assets, the remedies for and the time
permitted for cure of any breach of representations and warranties,
including the repurchase of financial assets, if applicable; liquidity
facilities and any credit enhancements permitted by this rule, any
waterfall triggers or priority of payment reversal features; and
policies governing delinquencies, servicer advances, loss mitigation,
and write-offs of financial assets;

(C) The documents shall require that while obligations are
outstanding, the issuing entity shall provide to investors information
with respect to the credit performance of the obligations and the
financial assets, including periodic and cumulative financial asset
performance data, delinquency and modification data for the financial
assets, substitutions and removal of financial assets, servicer
advances, as well as losses that were allocated to such tranche and
remaining balance of financial assets supporting such tranche, if
applicable, and the percentage of each tranche in relation to the
securitization as a whole; and

(D) In connection with the issuance of obligations, the documents
shall require that the nature and amount of compensation paid to the
originator, sponsor, rating agency or third-party advisor, any mortgage
or other broker, and the servicer(s), and the extent to which any risk
of loss on the underlying assets is retained by any of them for such
securitization be disclosed. The securitization documents shall require
the issuer to provide to investors while obligations are outstanding
any changes to such information and the amount and nature of payments
of any deferred compensation or similar arrangements to any of the
parties.

(ii) Requirements applicable only to securitizations in which the
financial assets include any residential mortgage loans:

(B) Prior to issuance of obligations, sponsors shall affirm
compliance in all material respects with applicable statutory and
regulatory standards for origination of mortgage loans, including that
the mortgages are underwritten at the fully indexed rate relying on
documented income, and comply with supervisory guidance governing the
underwriting of residential mortgages, including the Interagency
Guidance on Non-Traditional Mortgage Products, October 5, 2006, and the
Interagency Statement on Subprime Mortgage Lending, July 10, 2007, and
such other or additional guidance applicable at the time of loan
origination. Sponsors shall disclose a third party due diligence report
on compliance with such standards and the representations and
warranties made with respect to the financial assets; and

(C) The documents shall require that prior to issuance of
obligations and while obligations are outstanding, servicers shall
disclose any ownership interest by the servicer or an affiliate of the
servicer in other whole loans secured by the same real property that
secures a loan included in the financial asset pool. The ownership of
an obligation, as defined in this regulation, shall not constitute an
ownership interest requiring disclosure.

(3) Documentation and Recordkeeping. The documents creating the
securitization must specify the respective contractual rights and
responsibilities of all parties and include the requirements described
in paragraph (b)(3) of this section and use as appropriate any
available standardized documentation for each different asset class.

(i) Requirements applicable to all securitizations. The documents
shall define the contractual rights and responsibilities of the
parties, including but not limited to representations and warranties
and ongoing disclosure requirements, and any measures to avoid
conflicts of interest; and provide authority for the parties, including
but not limited to the originator, sponsor, servicer, and investors, to
fulfill their respective duties and exercise their rights under the
contracts and clearly distinguish between any multiple roles performed
by any party.

(ii) Requirements applicable only to securitizations in which the
financial assets include any residential mortgage loans:

(A) Servicing and other agreements must provide servicers with
authority, subject to contractual oversight by any master servicer or
oversight advisor, if any, to mitigate losses on financial assets
consistent with maximizing the net present value of the financial
asset. Servicers shall have the authority to modify assets to address
reasonably foreseeable default, and to take other action to maximize
the value and minimize losses on the securitized financial assets. The
documents shall require that the servicers apply industry best
practices for asset management and servicing. The documents shall
require the servicer to act for the benefit of all investors, and not
for the benefit of any particular class of investors, that the servicer
must commence action to mitigate losses no later than ninety (90) days
after an asset first becomes delinquent unless all delinquencies on
such asset have been cured, and that the servicer maintains records of
its actions to permit full review by the trustee or other
representative of the investors; and

(B) The servicing agreement shall not require a primary servicer
to advance delinquent payments of principal and interest for more than
three payment periods, unless financing or reimbursement facilities are
available, which may include, but are not limited to, the obligations
of the master servicer or issuing entity to fund or reimburse the
primary servicer, or alternative reimbursement facilities. Such
"financing or reimbursement facilities" under this paragraph
shall not be dependent for repayment on foreclosure proceeds.

(4) Compensation. The following requirements apply only to
securitizations in which the financial assets include any residential
mortgage loans. Compensation to parties involved in the securitization
of such financial assets must be structured to provide incentives for
sustainable credit and the long-term performance of the financial
assets and securitization as follows:

(i) The documents shall require that any fees or other
compensation for services payable to credit rating agencies or similar
third-party evaluation companies shall be payable, in part, over the
five (5) year period after the first issuance of the obligations based
on the performance of surveillance services and the performance of the
financial assets, with no more than sixty (60) percent of the total
estimated compensation due at closing; and

(ii) The documents shall provide that compensation to servicers
shall include incentives for servicing, including payment for loan
restructuring or other loss mitigation activities, which maximizes the
net present value of the financial assets. Such incentives may include
payments for specific services, and actual expenses, to maximize the
net present value or a structure of incentive fees to maximize the net
present value, or any combination of the foregoing that provides such
incentives.

(5) Origination and Retention Requirements.

(i) Requirements applicable to all securitizations.

(A) Prior to the effective date of regulations required under new
Section 15G of the Securities Exchange Act, 15 U.S.C. 78a et seq.,
added by Section 941(b) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, the documents shall require that the sponsor
retain an economic interest in a material portion, defined as not less
than five (5) percent, of the credit risk of the financial assets. This
retained interest may be either in the form of an interest of not less
than five (5) percent in each of the credit tranches sold or
transferred to the investors or in a representative sample of the
securitized financial assets equal to not less than five (5) percent of
the principal amount of the financial assets at transfer. This retained
interest may not be sold or pledged or hedged, except for the hedging
of interest rate or currency risk, during the term of the
securitization.

(B) Upon the effective date of regulations required under new
Section 15G of the Securities Exchange Act, 15 U.S.C. 78a et seq.,
added by Section 941(b) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, such final regulations shall exclusively
govern the requirement to retain an economic interest in a portion of
the credit risk of the financial assets under this rule.

(ii) Requirements applicable only to securitizations in which the
financial assets include any residential mortgage loans:

(A) The documents shall require the establishment of a reserve
fund equal to at least five (5) percent of the cash proceeds of the
securitization payable to the sponsor to
cover the repurchase of any
financial assets required for breach of representations
and warranties. The balance of such fund, if any, shall be
released to the sponsor one year after the date of issuance.

(B) The documents shall include a representation that the assets
shall have been originated in all material respects in compliance with
statutory, regulatory, and originator underwriting standards in effect
at the time of origination. The documents shall include a
representation that the mortgages included in the securitization were
underwritten at the fully indexed rate, based upon the borrowers'
ability to repay the mortgage according to its terms, and rely on
documented income and comply with all existing supervisory guidance
governing the underwriting of residential mortgages, including the
Interagency Guidance on Non-Traditional Mortgage Products, October 5,
2006, and the Interagency Statement on Subprime Mortgage Lending, July
10, 2007, and such other or additional regulations or guidance
applicable to insured depository institutions at the time of loan
origination. Residential mortgages originated prior to the issuance of
such guidance shall meet all supervisory guidance governing the
underwriting of residential mortgages then in effect at the time of
loan origination.

(c) Other requirements. (1) The transaction should be an arms
length, bona fide securitization transaction. The documents shall
require that the obligations issued in a securitization shall not be
predominantly sold to an affiliate (other than a wholly-owned
subsidiary consolidated for accounting and capital purposes with the
sponsor) or insider of the sponsor;

(2) The securitization agreements are in writing, approved by the
board of directors of the bank or its loan committee (as reflected in
the minutes of a meeting of the board of directors or committee), and
have been, continuously, from the time of execution in the official
record of the bank;

(3) The securitization was entered into in the ordinary course of
business, not in contemplation of insolvency and with no intent to
hinder, delay or defraud the bank or its creditors;

(4) The transfer was made for adequate consideration;

(5) The transfer and/or security interest was properly perfected
under the UCC or applicable state law;

(6) The transfer and duties of the sponsor as transferor must be
evidenced in a separate agreement from its duties, if any, as servicer,
custodian, paying agent, credit support provider or in any capacity
other than the transferor; and

(7) The documents shall require that the sponsor separately
identify in its financial asset data bases the financial assets
transferred into any securitization and maintain an electronic or paper
copy of the closing documents for each securitization in a readily
accessible form, a current list of all of its outstanding
securitizations and issuing entities, and the most recent Form 10-K, if
applicable, or other periodic financial report for each securitization
and issuing entity. The documents shall provide that to the extent
serving as servicer, custodian or paying agent for the securitization,
the sponsor shall not comingle amounts received with respect to the
financial assets with its own assets except for the time, not to exceed
two business days, necessary to clear any payments received. The
documents shall require that the sponsor shall make these records
readily available for review by the FDIC promptly upon written request.

(d) Safe harbor--(1) Participations. With respect to transfers of
financial assets made in connection with participations, the FDIC as
conservator or receiver shall not, in the exercise of its statutory
authority to disaffirm or repudiate contracts, reclaim, recover, or
recharacterize as property of the institution or the receivership any
such transferred financial assets, provided that such transfer
satisfies the conditions for sale accounting treatment under generally
accepted accounting principles, except for the "legal isolation"
condition that is addressed by this section. The foregoing paragraph
shall apply to a last-in, first-out participation, provided that the
transfer of a portion of the financial asset satisfies the conditions
for sale accounting treatment under generally accepted accounting
principles that would have applied to such portion if it had met the
definition of a "participating interest," except for the
"legal isolation" condition that is addressed by this section.

(2) Transition period safe harbor. With respect to:

(i) Any participation or securitization for which transfers of
financial assets were made on or before December 31, 2010
or

(ii) Any obligations of revolving trusts or master trusts, for
which one or more obligations were issued as of the date of adoption of
this rule, or

(iii) Any obligations issued under open commitments up to the
maximum amount of such commitments as of the date of adoption of this
rule if one or more obligations were issued under such commitments on
or before December 31, 2010, the FDIC as conservator or receiver shall
not, in the exercise of its statutory authority to disaffirm or
repudiate contracts, reclaim, recover, or recharacterize as property of
the institution or the receivership the transferred financial assets
notwithstanding that the transfer of such financial assets does not
satisfy all conditions for sale accounting treatment under generally
accepted accounting principles as effective for reporting periods after
November 15, 2009, provided that such transfer satisfied the conditions
for sale accounting treatment under generally accepted accounting
principles in effect for reporting periods before November 15, 2009,
except for the "legal isolation" condition that is addressed by
this paragraph and the transaction otherwise satisfied the provisions
of Sec. 360.6 in effect prior to the effective date of this regulation.

(3) For securitizations meeting sale accounting requirements. With
respect to any securitization for which transfers of financial assets
were made after December 31, 2010, or from a master trust or revolving
trust established after adoption of this rule or from any open
commitments that do not meet the requirements of paragraph (d)(2) of
this section, and which complies with the requirements applicable to
that securitization as set forth in paragraphs (b) and (c) of this
section, the FDIC as conservator or receiver shall not, in the exercise
of its statutory authority to disaffirm or repudiate contracts,
reclaim, recover, or recharacterize as property of the institution or
the receivership such transferred financial assets, provided that such
transfer satisfies the conditions for sale accounting treatment under
generally accepted accounting principles in effect for reporting
periods after November 15, 2009, except for the "legal isolation"
condition that is addressed by this paragraph (d)(3).

(4) For securitization not meeting sale accounting requirements.
With respect to any securitization for which transfers of financial
assets were made after December 31, 2010, or from a master trust or
revolving trust established after adoption of this rule or from any
open commitments that do not meet the requirements of paragraph (d)(2)
or (d)(3) of this section, and which complies with the requirements
applicable to that securitization as set forth in paragraphs (b) and
(c) of this section, but where the transfer does not satisfy the
conditions for sale accounting treatment set forth by generally
accepted accounting principles in effect for reporting periods after
November 15, 2009:

(i) Monetary default. If at any time after appointment, the FDIC
as conservator or receiver is in a monetary default under a
securitization due to its failure to pay or apply collections from the
financial assets received by it in accordance with the securitization
documents, whether as servicer or otherwise, and remains in monetary
default for ten (10) business days after actual delivery of a written
notice to the FDIC pursuant to paragraph (f) of this section requesting
the exercise of contractual rights because of such monetary default,
the FDIC hereby consents pursuant to 12 U.S.C. 1821(e)(13)(C) and 12
U.S.C. 1825(b)(2) to the exercise of any contractual rights in
accordance with the documents governing such securitization, including
but not limited to taking possession of the financial assets and
exercising self-help remedies as a secured creditor under the transfer
agreements, provided no involvement of the receiver or conservator is
required other than such consents, waivers, or execution of transfer
documents as may be reasonably requested in the ordinary course of
business in order to facilitate the exercise of such contractual
rights. Such consent shall not waive or otherwise deprive the FDIC or
its assignees of any seller's interest or other obligation or interest
issued by the issuing entity and held by the FDIC or its assignees, but
shall serve as full satisfaction of the obligations of the insured
depository institution in conservatorship or receivership and the FDIC
as conservator or receiver for all amounts due.

(ii) Repudiation. If the FDIC as conservator or receiver provides
a written notice of repudiation of the securitization agreement
pursuant to which the financial assets were transferred, and the FDIC
does not pay damages, defined in this paragraph, within ten (10)
business days following the effective date of the notice, the FDIC
hereby consents pursuant to 12U.S.C. 1821(e)(13)(C) and 12 U.S.C.
1825(b)(2) to the exercise of any contractual rights in accordance with
the documents governing such securitization, including but
not
limited to taking possession of
the financial assets and exercising self-help remedies as a secured
creditor under the transfer agreements, provided no involvement of the
receiver or conservator is required other than such consents, waivers,
or execution of transfer documents as may be reasonably requested in
the ordinary course of business in order to facilitate the exercise of
such contractual rights. For purposes of this paragraph, the damages
due shall be in an amount equal to the par value of the obligations
outstanding on the date of appointment of the conservator or receiver,
less any payments of principal received by the investors through the
date of repudiation, plus unpaid, accrued interest through the date of
repudiation in accordance with the contract documents to the extent
actually received through payments on the financial assets received
through the date of repudiation. Upon payment of such repudiation
damages, all liens or claims on the financial assets created pursuant
to the securitization documents shall be released. Such consent shall
not waive or otherwise deprive the FDIC or its assignees of any
seller's interest or other obligation or interest issued by the
issuing entity and held by the FDIC or its assignees, but shall serve
as full satisfaction of the obligations of the insured depository
institution in conservatorship or receivership and the FDIC as
conservator or receiver for all amounts due.

(iii) Effect of repudiation. If the FDIC repudiates or disaffirms
a securitization agreement, it shall not assert that any interest
payments made to investors in accordance with the securitization
documents before any such repudiation or disaffirmance remain the
property of the conservatorship or receivership.

(e) Consent to certain actions. Prior to repudiation or, in the
case of a monetary default referred to in paragraph (d)(4)(i) of this
section, prior to the effectiveness of the consent referred to therein,
the FDIC as conservator or receiver consents pursuant to 12 U.S.C.
1821(e)(13)(C) to the making of, or if serving as servicer, shall make,
the payments to the investors to the extent actually received through
payments on the financial assets (but in the case of repudiation, only
to the extent supported by payments on the financial assets received
through the date of the giving of notice of repudiation) in accordance
with the securitization documents, and, subject to the FDIC's rights
to repudiate such agreements, consents to any servicing activity
required in furtherance of the securitization or, if acting as servicer
the FDIC as receiver or conservator shall perform such servicing
activities in accordance with the terms of the applicable servicing
agreements, with respect to the financial assets included in
securitizations that meet the requirements applicable to that
securitization as set forth in paragraphs (b) and (c) of this section.

(f) Notice for consent. Any party requesting the FDIC's consent as
conservator or receiver under 12 U.S.C. 1821(e)(13)(C) and 12 U.S.C.
1825(b)(2) pursuant to paragraph (d)(4)(i) of this section shall
provide notice to the Deputy Director, Division of Resolutions and
Receiverships, Federal Deposit Insurance Corporation, 550 17th Street,
NW., F-7076, Washington, DC 20429-0002, and a statement of the basis
upon which such request is made, and copies of all documentation
supporting such request, including without limitation a copy of the
applicable agreements and of any applicable notices under the contract.

(g) Contemporaneous requirement. The FDIC will not seek to avoid an
otherwise legally enforceable agreement that is executed by an insured
depository institution in connection with a securitization or in the
form of a participation solely because the agreement does not meet the
"contemporaneous" requirement of 12 U.S.C. 1821(d)(9),
1821(n)(4)(I), or 1823(e).

(h) Limitations. The consents set forth in this section do not act
to waive or relinquish any rights granted to the FDIC in any capacity,
pursuant to any other applicable law or any agreement or contract
except as specifically set forth herein. Nothing contained in this
section alters the claims priority of the securitized obligations.

(i) No waiver. Except as specifically set forth herein, this
section does not authorize, and shall not be construed as authorizing
the waiver of the prohibitions in 12 U.S.C. 1825(b)(2) against levy,
attachment, garnishment, foreclosure, or sale of property of the FDIC,
nor does it authorize nor shall it be construed as authorizing the
attachment of any involuntary lien upon the property of the FDIC. Nor
shall this section be construed as waiving, limiting or otherwise
affecting the rights or powers of the FDIC to take any action or to
exercise any power not specifically mentioned, including but not
limited to any rights, powers or remedies of the FDIC regarding
transfers or other conveyances taken in contemplation of the
institution's insolvency or with the intent to hinder, delay or
defraud
the institution or the creditors
of such institution, or that is a fraudulent transfer under applicable
law.

(j) No assignment. The right to consent under 12 U.S.C.
1821(e)(13)(C) or 12 U.S.C. 1825(b)(2), may not be assigned or
transferred to any purchaser of property from the FDIC, other than to a
conservator or bridge bank.

(k) Repeal. This section may be repealed by the FDIC upon 30 days
notice provided in the Federal Register, but any repeal shall not apply
to any issuance made in accordance with this section before such
repeal.

(a) Purpose and scope. This section establishes rules
governing the calculation and distribution of post-insolvency interest
to creditors with proven claims in all FDIC-administered receiverships
established after June 13, 2002.

(b) Definitions. (1) Equityholder. The owner
of an equity interest in a failed depository institution, whether such
ownership is represented by stock, membership in a mutual association,
or otherwise.

(2) Post-insolvency interest. Interest calculated from
the date the receivership is established on proven creditor claims in
receiverships with surplus funds.

(3) Post-insolvency interest rate. For any calendar
quarter, the coupon equivalent yield of the average discount rate set
on the three-month Treasury bill at the last auction held by the United
States Treasury Department during the preceding calendar quarter, and
adjusted each quarter thereafter.

(4) Principal amount. The proven claim amount and any
interest accrued thereon as of the date the receivership is
established.

(5) Proven claim. A claim that is allowed by a
receiver or upon which a final non-appealable judgment has been entered
in favor of a claimant against a receivership by a court with
jurisdiction to adjudicate the claim.

(c) Post-insolvency interest distributions. (1)
Post-insolvency interest shall only be distributed following
satisfaction by the receiver of the principal amount of all creditor
claims.

(2) The receiver shall distribute post-insolvency interest at the
post-insolvency interest rate prior to making any distribution to
equityholders. Post-insolvency interest distributions shall be made in
the order of priority set forth in section 11(d)(11)(A) of the Federal
Deposit Insurance Act, 12 U.S.C. 1821(d)(11)(A).

(3) Post-insolvency interest distributions shall be made at such
time as the receiver determines that such distributions are appropriate
and only to the extent of funds available in the receivership estate.
Post-insolvency interest shall be calculated on the outstanding balance
of a proven claim, as reduced from time to time by any interim dividend
distributions, from the date the receivership is established until the
principal amount of a proven claim has been fully distributed but not
thereafter. Post-insolvency interest shall be calculated on a
contingent claim from the date such claim becomes proven.

(4) Post-insolvency interest shall be determined using a simple
interest method of calculation.

(a) Purpose. The purpose of this section is to describe
the process the FDIC will use to determine deposit and other liability
account balances for insurance coverage and receivership purposes at a
failed insured depository institution.
(b) Definitions.--(1) The
FDIC Cutoff Point means the point in time the FDIC
establishes after it has been appointed receiver of a failed insured
depository institution and takes control of the failed institution.

(2) The Applicable Cutoff Time for a specific type of
deposit account transaction means the earlier of either the
failed institution's normal cutoff time for that specific type of
transaction or the FDIC Cutoff Point.

(3) Close-of-Business Account Balance means the
closing end-of-day ledger balance of a deposit or other liability
account on the day of failure of an insured depository institution
determined by using the Applicable Cutoff Times. This
balance may be adjusted to reflect steps taken by the receiver to
ensure that funds are not received by or removed from the institution
after the FDIC Cutoff Point.

(4) A sweep account is an account held pursuant to a
contract between an insured depository institution and its customer
involving the pre-arranged, automated transfer of funds from a deposit
account to either another account or investment vehicle located within
the depository institution (internal sweep account), or an
investment vehicle located outside the depository institution
(external sweep account).

(c) Principles.--(1) In making deposit insurance
determinations and in determining the value and nature of claims
against the receivership on the institution's date of failure, the
FDIC, as insurer and receiver, will treat deposits and other
liabilities of the failed institution according to the ownership and
nature of the underlying obligations based on end-of-day ledger
balances for each account using, except as expressly provided otherwise
in this section, the depository institution's normal posting
procedures.

(2) In its role as receiver of a failed insured depository
institution, in order to ensure the proper distribution of the failed
institution's assets under the FDI Act (12 U.S.C. 1821(d)(11)) as of
the FDIC Cutoff Point, the FDIC will use its best efforts to take all
steps necessary to stop the generation, via transactions or transfers
coming from or going outside the institution, of new liabilities or
extinguishing existing liabilities for the depository institution.

(3) End-of-day ledger balances are subject to corrections for
posted transactions that are inconsistent with the above principles.

(d) Determining closing day balances.--(1) In
determining account balances for insurance coverage and receivership
purposes at a failed insured depository institution, the FDIC will use
Close-of-Business Account Balances.

(2) A check posted to the Close-of-Business Account
Balance but not collected by the depository institution will be
included as part of the balance, subject to the correction of errors
and omissions and adjustments for uncollectible items that the FDIC may
make in its role as receiver of the failed depository institution.

(i) For internal sweep accounts, the FDIC will determine the
ownership of the funds and the nature of the receivership claim based
on the records established and maintained by the institution for that
specific account or investment vehicle as of the closing day end-of-day
ledger balance. (For example, if a sweep account entails the daily
transfer of funds from a demand deposit account to a Eurodollar account
at a foreign branch of the insured depository institution, if the
institution should fail on that day, the FDIC would treat the funds
swept to the Eurodollar account, as reflected on the institution's
end-of-day records, as an unsecured general creditor's claim against
the receivership.);

(ii) For external sweep accounts, the FDIC will treat swept funds
consistent with their status in the end-of-day ledger balances of the
depository institution and the external entity, as long as the transfer
of funds is completed prior to the Applicable Cutoff Time. (For
example, if funds held in connection with a money market sweep account
are wired from a customer's deposit account at the insured depository
institution to the mutual fund prior to the Applicable Cutoff Time, if
the institution should fail on that day, the FDIC would recognize that
sweep transaction as completed for claims and receivership purposes.);

(iii) For repurchase agreement sweep accounts, where, as a result
of the sweep transactions, the customer becomes either the legal owner
of identified assets subject to repurchase or obtains a perfected
security interest in those assets, the FDIC will recognize, for
receivership purposes, the customer's ownership interest or security
interest in the assets.

(4) For deposit insurance and receivership purposes in connection
with the failure of an insured depository institution, the FDIC will
determine the rights of the depositor or other liability holder as of
the point the Close-of-Business Account Balance is
calculated.

(e) Disclosure requirements. Beginning July 1, 2009, in
all new sweep account contracts, in renewals of existing sweep account
contracts and within sixty days after July 1, 2009, and no less than
annually thereafter, institutions must prominently disclose in writing
to sweep account customers whether their swept funds are deposits
within the meaning of 12 U.S.C. 1813(l). If the funds are not deposits,
the institution must further disclose the status such funds would have
if the institution failed--for example, general creditor status or
secured creditor status. Such disclosures must be consistent with how
the institution reports such funds on its quarterly Consolidated
Reports of Condition and Income or Thrift Financial Reports. The
disclosure requirements imposed under this provision do not apply to
sweep accounts where: The transfers are within a single account, or a
sub-account; or the sweep account involves only deposit-to-deposit
sweeps, such as zero-balance accounts, unless the sweep results in a
change in the customer's insurance coverage.

(a) Purpose and scope. This section is intended to allow
the deposit and other operations of a large insured depository
institution (defined as a "Covered Institution") to continue
functioning on the day following failure. It also is intended to permit
the FDIC to fulfill its legal mandates regarding the resolution of
failed insured institutions to provide liquidity to depositors
promptly, enhance market discipline, ensure equitable treatment of
depositors at different institutions and reduce the FDIC's costs by
preserving the franchise value of a failed institution.

(b) Definitions.--(1) A covered institution
means an insured depository institution which, based on items as
defined in Reports of Income and Condition or Thrift Financial Reports
filed with the applicable federal regulator, has at least $2 billion in
deposits and at least either:

(i) 250,000 deposit accounts; or

(ii) $20 billion in total assets, regardless of the number of
deposit accounts.

(2) Deposits, number of deposit accounts and total assets
are as defined in the instructions for the filing of Reports of
Income and Condition and Thrift Financial Reports, as applicable to the
insured depository institution for determining whether it qualifies as
a covered institution. A foreign deposit means an uninsured deposit
liability maintained in a foreign branch of an insured depository
institution. An international banking facility deposit is as
defined by the Board of Governors of the Federal Reserve System in
Regulation D (12 CFR § 204.8(a)(2)). A demand deposit account,
NOW account, money market deposit account, savings deposit account and
time deposit account are as defined in the instructions for the
filing of Reports of Income and Condition and Thrift Financial Reports.

(3) Sweep account arrangements consist of a deposit
account linked to an interest-bearing investment vehicle whereby funds
are swept to and from the deposit account according to prearranged
rules, usually on a daily basis, where the sweep investment vehicle is
not a deposit and is reflected on the books and records of the
Covered Institution.

(4) Automated credit account arrangements consist of a
deposit account into which funds are automatically credited from an
interest-bearing investment vehicle where the funds in the
interest-bearing investment vehicle were not invested by prearranged
rules.

(5) Non-covered institution means an insured
depository institution that does not meet the definition of a covered
institution.

(6) Provisional hold means an effective restriction on
access to some or all of a deposit or other liability account after the
failure of an insured depository institution.

(c) Posting and removing provisional holds.--(1) A
covered institution shall have in place an automated process for
implementing a provisional hold on deposit accounts, foreign deposit
accounts and sweep and automated credit account arrangements
immediately following the determination of the close-of-business
account balances, as defined in § 360.8(b)(3), at the failed covered
institution.

(2) The system requirements under paragraph (c)(1) must have the
capability of placing the provisional holds prescribed under that
provision no later than 9 a.m. local time the day following the FDIC
cutoff point, as defined in § 360.8(b)(1).

(3) Pursuant to instructions to be provided by the FDIC, a
covered institution must notify the FDIC of the person(s) responsible
for producing the standard data download and administering provisional
holds, both while the functionality is being constructed and on an
on-going basis.

(4) For deposit accounts held in domestic offices of an insured
depository institution, the provisional hold algorithm must be designed
to exempt accounts below a specific account balance threshold, as
determined by the FDIC. The account balance threshold could be any
amount, including zero. For accounts above the account balance
threshold determined by the FDIC, the algorithm must be designed to
calculate and place a hold equal to the dollar amount of funds in
excess of the account balance threshold multiplied by the provisional
hold percentage determined by the FDIC. The provisional hold percentage
could be any amount, from zero to one hundred percent. The account
balance threshold as well as the provisional hold percentage could vary
for the following four categories, as the covered institution
customarily defines consumer accounts:

(5) For deposit accounts held in foreign offices of an insured
depository institution, other than those connected to a sweep or
automated credit arrangement, the provisional hold algorithm will apply
a provisional hold percentage to the entire account balance. For
deposit accounts held in foreign offices the provisional hold
percentage may differ from that applied to deposit accounts. Also, the
provisional hold percentage would not vary by account category (i.e.,
consumer versus non-consumer and transaction versus non-transaction) as
is the case with deposit accounts.

(6) Notwithstanding the general requirements of this paragraph
(e), on a case-by-case basis, the FDIC may accelerate, upon notice, the
implementation timeframe of all or part of the requirements of this
section for a covered institution that: Has a composite rating of 3, 4,
or 5 under the Uniform Financial Institution's Rating System, or in
the case of an insured branch of a foreign bank, an equivalent rating;
is undercapitalized, as defined under the prompt corrective action
provisions of 12 CFR part 325 or 12 CFR part 324, as applicable; or is
determined by the apropriate Federal banking agency or the FDIC in
consultation with the appropriate Federal banking agency to be
experiencing a significant deterioration of capital or significant
funding difficulties or liquidity stress, notwithstanding the composite
rating of the institution by its appropriate Federal banking agency in
its most recent report of examination. For IBF deposits the provisional
hold percentage may differ from that applied to deposit or foreign
deposit accounts. Also, the provisional hold percentage would not vary
by account category (i.e., consumer versus non-consumer, and
transaction versus non-transaction) as is the case with deposit
accounts.

(7) For the interest-bearing investment vehicle of a sweep
arrangement, the provisional hold algorithm must be designed with the
capability to place a provisional hold on the interest-bearing
investment vehicle with possibly a different account balance threshold
and a different hold percentage according to the type of
interest-bearing investment vehicle.

(8) For the interest-bearing investment vehicle of an automated
credit account arrangement, the provisional hold algorithm must be
designed with the capability to place a provisional hold on the
interest-bearing investment vehicle with possibly a different account
balance threshold and a different hold percentage according to the type
of interest-bearing investment vehicle.

(9) A covered institution may submit a request to the FDIC, using
the address indicated in § 360.9(g): to develop a provisional hold
process involving memo holds or alternative account mechanisms; or to
exempt from the provisional hold requirements of this section those
account systems servicing a relatively small number of accounts where
the manual application of provisional holds is feasible. Such requests
may be in the form of a letter and must include a justification for the
request and address the relative effectiveness of the alternative for
posting provisional holds in the event of failure. The FDIC will
consider such requests on a case-by-case basis in light of the
objectives of this section.

(10) The automated process for provisional holds required by
paragraph (c)(1) of this section must include the capability of
removing provisional holds in batch mode and, during the same
processing cycle, applying debits, credits or additional holds on the
deposit or other accounts from which the provisional holds were
removed, as determined by the FDIC. The FDIC will provide files listing
the accounts subject to: removal of provisional holds or additional
holds (file format as specified in Appendix A); application of debits
or credits (file format as specified in Appendix B); and application of
additional holds (file format as specified in Appendix A). In addition
to the batch process used to remove provisional holds, the Covered
Institution is required to have in place a mechanism for manual removal
of provisional holds on a case-by-case basis.

(d) Providing a standard data format for generating deposit
account and customer data.--(1) A covered institution must have
in place practices and procedures for providing the FDIC in a standard
format upon the close of any day's business with required depositor
and customer data for all deposit accounts held in domestic and foreign
offices and interest-bearing investment accounts connected with sweep
and automated credit arrangements. Such standard data files are to be
created through a mapping of pre-existing data elements and internal
institution codes into standard data formats. Deposit account and
customer data provided must be current as of the close of business for
that day.

(2) The requirements of paragraph (d)(1) of this section shall be
provided in five separate files, as indicated in the Appendices C
through G to this Part 360.

(3) Upon request by the FDIC, a covered institution must submit
the data required by paragraph (d)(1) of this section to the FDIC, in a
manner prescribed by the FDIC.

(4) In providing the data required under paragraph (d)(1) of this
section to the FDIC, the Covered Institution must be able to
reconcile the total deposit balances and the number of deposit accounts
to the institution's subsidiary system control totals.

(e) Implementation requirements.--(1) A covered
institution must comply with the requirements of this section no later
than February 18, 2010.

(2) An insured depository institution not within the definition
of a covered institution on the effective date of this section must
comply with the requirements of this section no later than eighteen
months following the end of the second calendar quarter for which it
meets the criteria for a covered institution.

(3) Upon the merger of two or more non-covered institutions, if
the resulting institution meets the criteria for a covered institution,
that covered institution must comply with the requirements of this
section no later than eighteen months after the effective date of the
merger.

(4) Upon the merger of two or more covered institutions, the
merged institution must comply with the requirements of this section
within eighteen months following the effective date of the merger. This
provision, however, does not supplant any preexisting implementation
date requirement, in place prior to the date of the merger, for the
individual covered institution(s) involved in the merger.

(5) Upon the merger of one or more covered institutions with one
or more non-covered institutions, the merged institution(s) must comply
with the requirements of this section within eighteen months following
the effective date of the merger. This provision, however, does not
supplant any preexisting implementation date requirement for the
individual covered institution(s) involved in the merger.

(6) Notwithstanding the general requirements of this paragraph
(e), on a case-by-case basis, the FDIC may accelerate, upon notice, the
implementation timeframe of all or part of the requirements of this
section for a covered institution that: Has a composite rating of 3, 4,
or 5 under the Uniform Financial Institution's Rating System, or in
the case of an insured branch of a foreign bank, an equivalent rating;
is undercapitalized, as defined under the prompt corrective action
provisions of 12 CFR part 325; or is determined by the appropriate
Federal banking agency or the FDIC in consultation with the appropriate
Federal banking agency to be experiencing a significant deterioration
of capital or significant funding difficulties or liquidity stress,
notwithstanding the composite rating of the institution by its
appropriate Federal banking agency in its most recent report of
examination. In implementing this paragraph (e)(6), the FDIC must
consult with the covered institution's primary federal regulator and
consider the: Complexity of the institution's deposit systems and
operations, extent of the institution's asset quality difficulties,
volatility of the institution's funding sources, expected near-term
changes in the institution's capital
levels, and other relevant
factors appropriate for the FDIC to consider in its roles as insurer
and possible receiver of the institution.

(7) Notwithstanding the general requirements of this paragraph
(e), a covered institution may request, by letter, that the FDIC extend
the deadline for complying with the requirements of this section. A
request for such an extension is subject to the FDIC's rules of
general applicability under 12 CFR. 303.251.

(f) A covered institution may apply to the FDIC for an exemption
from the requirements of this § 360.9 if it has a high concentration
of deposits incidental to credit card operations. The FDIC will
consider such applications on a case-by-case basis in light of the
objectives of this section.

(g) Requests for exemptions from the requirements of this section,
for flexibility in the use of provisional holds or for extensions of
the implementation requirements of this section and the submission of
point-of-contact information should be submitted in writing to: Office
of the Director, Division of Resolutions and Receiverships, Federal
Deposit Insurance Corporation, 550 17th Street NW., Washington, DC
20429--0002.

(h) Testing requirements. Covered institutions must
provide appropriate assistance to the FDIC in its testing of the
systems required by this section. The FDIC will provide testing details
to covered institutions through the issuance of subsequent procedures
and/or guidelines.

§ 360.10 Resolution plans required for insured depository
institutions with $50 billion or more in total assets.

(a) Scope and purpose. This section requires each
insured depository institution with $50 billion or more in total assets
to submit periodically to the FDIC a plan for the resolution of such
institution in the event of its failure. This section also establishes
the rules and requirements regarding the submission and content of a
resolution plan as well as procedures for review by the FDIC of a
resolution plan. This section requires a covered insured depository
institution to submit a resolution plan that should enable the FDIC, as
receiver, to resolve the institution under Sections 11 and 13 of the
Federal Deposit Insurance Act ("FDI Act''), 12 U.S.C. 1821 and 1823,
in a manner that ensures that depositors receive access to their
insured deposits within one business day of the institution's failure
(two business days if the failure occurs on a day other than Friday),
maximizes the net present value return from the sale or disposition of
its assets and minimizes the amount of any loss realized by the
creditors in the resolution. This rule is intended to ensure that the
FDIC has access to all of the material information it needs to resolve
efficiently a covered insured depository institution in the event of
its failure.

(b) Definitions--(1) Affiliate has the same
meaning given such term in Section 3(w)(6) of the FDI Act, 12 U.S.C.
1813(w)(6).

(2) Company has the same meaning given such term in
§ 362.2(d) of the FDIC's Regulations, 12 CFR 362.2(d).

(3) Core business lines means those business lines of
the covered insured depository institution ("CIDI''), including
associated operations, services, functions and support, that, in the
view of the CIDI, upon failure would result in a material loss of
revenue, profit, or franchise value.

(4) Covered insured depository institution ("CIDI'')
means an insured depository institution with $50 billion or more
in total assets, as determined based upon the average of the
institution's four most recent Reports of Condition and Income or
Thrift Financial Reports, as applicable to the insured depository
institution.

(5) Critical services means services and operations of
the CIDI, such as servicing, information technology support and
operations, human resources and personnel that are necessary to
continue the day-to-day operations of the CIDI.

(6) Foreign-based company means any company that is
not incorporated or organized under the laws of the United States.

(7) Insured depository institution shall have the
meaning given such term in Section 3(c)(2) of the FDI Act, 12 U.S.C.
1813(c)(2).

(8) Material entity means a company that is
significant to the activities of a critical service or core business
line.

(9) Parent company means the company that controls,
directly or indirectly, an insured depository institution. In a
multi-tiered holding company structure, parent company means the
top-tier of the multi-tiered holding company only.

(10) Parent company affiliate means any affiliate of
the parent company other than the CIDI and subsidiaries of the CIDI.

(11) Resolution plan means the plan described in
paragraph (c) of this section for resolving the CIDI under Sections 11
and 13 of the FDI Act, 12 U.S.C. 1821 and 1823.

(12) Subsidiary has the same meaning given such term
in Section 3(w)(4) of the FDI Act, 12 U.S.C. 1813(w)(4).

(13) Total assets are defined in the instructions for
the filing of Reports of Condition and Income and Thrift Financial
Reports, as applicable to the insured depository institution, for
determining whether it qualifies as a CIDI.

(14) United States means the United States and
includes any state of the United States, the District of Columbia, any
territory of the United States, Puerto Rico, Guam, American Samoa and
the Virgin Islands.

(A) July 1, 2012, with respect to a CIDI whose parent company, as
of November 30, 2011, had $250 billion or more in total nonbank assets
(or in the case of a parent company that is a foreign-based company,
such company's total U.S. nonbank assets);

(B) July 1, 2013, with respect to any CIDI not described
paragraph (c)(1)(i)(A) of this section whose parent company, as of
November 30, 2011, had $100 billion or more in total nonbank assets
(or, in the case of a parent company that is a foreign-based company,
such company's total U.S. nonbank assets); and

(C) December 31, 2013, with respect to any CIDI not described in
of this paragraph (c)(1)(i)(A) or (B) of this section.

(ii) Submission by New CIDIs. An insured depository
institution that becomes a CIDI after April 1, 2012 shall submit its
initial resolution plan no later than the next July 1 following the
date the insured depository institution becomes a CIDI, provided such
date occurs no earlier than 270 days after the date on which the
insured depository institution became a CIDI.

(iii) After filing its initial Resolution Plan pursuant to
paragraph (c)(1)(i) or (c)(1)(ii) of this section, each CIDI shall
submit a Resolution Plan to the FDIC annually on or before each
anniversary date of its Initial Submission Date.

(iv) Notwithstanding anything to the contrary in this paragraph
(c)(1), the FDIC may determine that a CIDI shall file its initial or
annual Resolution Plan by a date other than as provided in this
paragraph (c). The FDIC shall provide a CIDI with written notice of a
determination under this paragraph (c)(1)(iv) no later than 180 days
prior to the date on which the FDIC determines to require the CIDI to
submit its Resolution Plan.

(v) Notice of Material Events.

(A) Each CIDI shall file with the FDIC a notice no later than 45
days after any event, occurrence, change in conditions or circumstances
or other change that results in, or could reasonably be foreseen to
have, a material effect on the resolution plan of the CIDI. Such notice
shall describe the event, occurrence or change and explain why the
event, occurrence or change may require changes to the resolution plan.
The CIDI shall address any event, occurrence or change with respect to
which it has provided notice pursuant hereto in the following
resolution plan submitted by the CIDI.

(B) A CIDI shall not be required to file a notice under paragraph
(c)(1)(v)(A) of this section if the date on which the CIDI would be
required to submit a notice under paragraph (c)(1)(v)(A) would be
within 90 days prior to the date on which the CIDI is required to file
an annual Resolution Plan under paragraph (c)(1)(iii) of this section.

(vi) Incorporation of data and other information from a
Dodd-Frank Act resolution plan. The CIDI may incorporate data and
other information from a resolution plan filed pursuant to Section
165(d) of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, 12 U.S.C. 5365(d), by its parent company.

(2) Content of the Resolution Plan. The resolution
plan submitted should enable the FDIC, as receiver, to resolve the CIDI
in the event of its insolvency under the FDI Act in a manner that
ensures that depositors receive access to their insured deposits within
one business day of the institution's failure (two business days if the
failure occurs on a day other than Friday), maximizes the net present
value return from the sale or disposition of its assets and minimizes
the amount of any loss realized by the creditors in the resolution in
accordance with Sections 11 and 13 of the FDI Act, 12 U.S.C. 1821 and
1823. The resolution plan strategies should take into account that
failure of the CIDI may occur under the baseline, adverse and severely
adverse economic conditions developed by the Board of Governors of the
Federal Reserve System pursuant to 12 U.S.C. 5365(i)(1)(B); provided,
however, a CIDI may submit its initial resolution plan assuming the
baseline conditions
only, or, if a baseline
scenario is not then available, a reasonable substitute developed by
the CIDI. At a minimum, the resolution plan shall:

(i) Executive Summary. Include an executive summary
describing the key elements of the CIDI's strategic plan for resolution
under the FDI Act in the event of its insolvency. After the CIDI files
its initial plan, each annual resolution plan shall also describe:

(A) Material events, such as acquisitions, sales, litigation and
operational changes, since the most recently filed plan that may have a
material effect on the plan;

(B) Material changes to the CIDI's resolution plan from its most
recently filed plan; and

(C) Any actions taken by the CIDI since filing of the previous
plan to improve the effectiveness of its resolution plan or remediate
or otherwise mitigate any material weaknesses or impediments to the
effective and timely execution of the resolution plan.

(ii) Organizational Structure: Legal Entities; Core
Business Lines and Branches. Provide the CIDI's, parent company's,
and affiliates' legal and functional structures and identify core
business lines. Provide a mapping of core business lines, including
material asset holdings and liabilities related thereto, to material
entities. Discuss the CIDI's overall deposit activities including,
among other things, unique aspects of the deposit base or underlying
systems that may create operational complexity for the FDIC, result in
extraordinary resolution expenses in the event of failure and a
description of the branch organization, both domestic and foreign.
Identify key personnel tasked with managing core business lines and
deposit activities and the CIDI's branch organization.

(iii) Critical Services. Identify critical services
and providers of critical services. Provide a mapping of critical
services to material entities and core business lines. Describe the
CIDI's strategy for continuing critical services in the event of the
CIDI's failure. When critical services are provided by the parent
company or a parent company affiliate, describe the CIDI's strategy for
continuing critical services in the event of the parent company's or
parent company affiliate's failure. Assess the ability of each parent
company affiliate providing critical services to function on a
stand-alone basis in the event of the parent company's failure.

(iv) Interconnectedness to Parent Company's Organization;
Potential Barriers or Material Obstacles to Orderly Resolution.
Identify the elements or aspects of the parent company's
organizational structure, the interconnectedness of its legal entities,
the structure of legal or contractual arrangements, or its overall
business operations that would, in the event the CIDI were placed in
receivership, diminish the CIDI's franchise value, obstruct its
continued business operations or increase the operational complexity to
the FDIC of resolution of the CIDI. Identify potential barriers or
other material obstacles to an orderly resolution of the CIDI,
inter-connections and inter-dependencies that hinder the timely and
effective resolution of the CIDI, and include the remediation steps or
mitigating responses necessary to eliminate or minimize such barriers
or obstacles.

(v) Strategy to Separate from Parent Company's
Organization. Provide a strategy to unwind or separate the CIDI
and its subsidiaries from the organizational structure of its parent
company in a cost-effective and timely fashion. Describe remediation or
mitigating steps that could be taken to eliminate or mitigate obstacles
to such separation.

(vi) Strategy for the Sale or Disposition of Deposit
Franchise, Business Lines and Assets. Provide a strategy for the
sale or disposition of the deposit franchise, including branches, core
business lines and major assets of the CIDI in a manner that ensures
that depositors receive access to their insured deposits within one
business day of the institution's failure (two business days if the
failure occurs on a day other than Friday), maximizes the net present
value return from the sale or disposition of such assets and minimizes
the amount of any loss realized in the resolution of cases.

(vii) Least Costly Resolution Method. Describe how the
strategies for the separation of the CIDI and its subsidiaries from its
parent company's organization and sale or disposition of deposit
franchise, core business lines and major assets can be demonstrated to
be the least costly to the Deposit Insurance Fund of all possible
methods for resolving the CIDI.

(viii) Asset Valuation and Sales. Provide a detailed
description of the processes the CIDI employs for:

(A) Determining the current market values and marketability of
core business lines and material asset holdings;

(B) Assessing the feasibility of the CIDI's plans, under
baseline, adverse and severely adverse economic condition scenarios for
executing any sales, divestitures,
restructurings,
recapitalizations, or similar actions contemplated in the CIDI's
resolution plan; and

(C) Assessing the impact of any sales, divestitures,
restructurings, recapitalizations, or other similar actions on the
value, funding and operations of the CIDI and its core business lines.

(ix) Major Counterparties. Identify the major
counterparties of the CIDI and describe the interconnections,
interdependencies and relationships with such major counterparties.
Analyze whether the failure of each major counterparty would likely
have an adverse impact on or result in the material financial distress
or failure of the CIDI.

(x) Off-balance-sheet Exposures. Describe any material
off-balance-sheet exposures (including unfunded commitments, guarantees
and contractual obligations) of the CIDI and map those exposures to
core business lines.

(xi) Collateral Pledged. Identify and describe
processes used by the CIDI to:

(A) Determine to whom the CIDI has pledged collateral;

(B) Identify the person or entity that holds such collateral; and

(C) Identify the jurisdiction in which the collateral is located;
and if different, the jurisdiction in which the security interest in
the collateral is enforceable against the CIDI.

(xii) Trading, derivatives and hedges. Describe the
practices of the CIDI and its core business lines related to the
booking of trading and derivative activities. Identify each system on
which the CIDI conducts a material number or value amount of trades.
Map each trading system to the CIDI's legal entities and core business
lines. Identify material hedges of the CIDI and its core business lines
related to trading and derivative activities, including a mapping to
legal entity. Describe hedging strategies of the CIDI.

(xiii) Unconsolidated Balance Sheet of CIDI; Material
Entity Financial Statements. Provide an unconsolidated balance
sheet for the CIDI and a consolidating schedule for all material
entities that are subject to consolidation with the CIDI. Provide
financial statements for material entities. When available, audited
financial statements should be provided.

(xiv) Payment, clearing and settlement systems.
Identify each payment, clearing and settlement system of which the
CIDI, directly or indirectly, is a member. Map membership in each such
system to the CIDI's legal entities and core business lines.

(xv) Capital Structure; Funding Sources. Provide
detailed descriptions of the funding, liquidity and capital needs of,
and resources available to, the CIDI and its material entities, which
shall be mapped to core business lines and critical services. Describe
the material components of the liabilities of the CIDI and its material
entities and identify types and amounts of short-term and long-term
liabilities by type and term to maturity, secured and unsecured
liabilities and subordinated liabilities.

(xvi) Affiliate Funding, Transactions, Accounts, Exposures
and Concentrations. Describe material affiliate funding
relationships, accounts, and exposures, including terms, purpose, and
duration, that the CIDI or any of its subsidiaries have with its parent
or any parent company affiliate. Include in such description material
affiliate financial exposures, claims or liens, lending or borrowing
lines and relationships, guaranties, asset accounts, deposits, or
derivatives transactions. Clearly identify the nature and extent to
which parent company or parent company affiliates serve as a source of
funding to the CIDI and its subsidiaries, the terms of any contractual
arrangements, including any capital maintenance agreements, the
location of related assets, funds or deposits and the mechanisms by
which funds can be downstreamed from the parent company to the CIDI and
its subsidiaries.

(xvii) Systemically Important Functions. Describe
systemically important functions that the CIDI, its subsidiaries and
affiliates provide, including the nature and extent of the
institution's involvement in payment systems, custodial or clearing
operations, large sweep programs, and capital markets operations in
which it plays a dominant role. Discuss critical vulnerabilities,
estimated exposure and potential losses, and why certain attributes of
the businesses detailed in previous sections could pose a systemic risk
to the broader economy.

(xviii) Cross-Border Elements. Describe material
components of the CIDI's structure that are based or located outside
the United States, including foreign branches, subsidiaries and
offices. Provide detail on the location and amount of foreign deposits
and assets. Discuss the nature and extent of the CIDI's cross-border
assets, operations, interrelationships and exposures and map to legal
entities and core business lines.

(xix) Management Information Systems; Software Licenses;
Intellectual Property. Provide a detailed inventory and
description of the key management information systems
and applications, including
systems and applications for risk management, accounting, and financial
and regulatory reporting, used by the CIDI and its subsidiaries.
Identify the legal owner or licensor of the systems identified above;
describe the use and function of the system or application, and provide
a listing of service level agreements and any software and systems
licenses or associated intellectual property related thereto. Identify
and discuss any disaster recovery or other backup plans. Identify
common or shared facilities and systems as well as personnel necessary
to operate such facilities and systems. Describe the capabilities of
the CIDI's processes and systems to collect, maintain, and report the
information and other data underlying the resolution plan to management
of the CIDI and, upon request to the FDIC. Describe any deficiencies,
gaps or weaknesses in such capabilities and the actions the CIDI
intends to take to promptly address such deficiencies, gaps, or
weaknesses, and the time frame for implementing such actions.

(xx) Corporate Governance. Include a detailed
description of:

(A) How resolution planning is integrated into the corporate
governance structure and processes of the CIDI;

(B) The CIDI's policies, procedures, and internal controls
governing preparation and approval of the resolution plan; and

(C) The identity and position of the senior management official
of the CIDI who is primarily responsible and accountable for the
development, maintenance, implementation, and filing of the resolution
plan and for the CIDI's compliance with this section.

(xxi) Assessment of the Resolution Plan. Describe the
nature, extent, and results of any contingency planning or similar
exercise conducted by the CIDI since the date of the most recently
filed resolution plan to assess the viability of or improve the
resolution plan.

(xxii) Any other material factor. Identify and discuss any other
material factor that may impede the resolution of the CIDI.

(3) Approval. The CIDI's board of directors must approve the
resolution plan. Such approval shall be noted in the Board minutes.

(4) Review of Resolution Plan.

(i) Each resolution plan submitted shall be credible. A
resolution plan is credible if its strategies for resolving the CIDI,
and the detailed information required by this section, are well-founded
and based on information and data related to the CIDI that are
observable or otherwise verifiable and employ reasonable projections
from current and historical conditions within the broader financial
markets.

(ii) After receiving a resolution plan, the FDIC shall determine
whether the submitted plan satisfies the minimum informational
requirements of paragraph (c)(2) of this section; and either
acknowledge acceptance of the plan for review or return the resolution
plan if the FDIC determines that it is incomplete or that substantial
additional information is required to facilitate review of the
resolution plan.

(iii) If the FDIC determines that a resolution plan is
informationally incomplete or that additional information is necessary
to facilitate review of the plan, the FDIC shall inform the CIDI in
writing of the area(s) in which the plan is informationally incomplete
or with respect to which additional information is required.

(iv) The CIDI shall resubmit an informationally complete
resolution plan or such additional information as requested to
facilitate review of the resolution plan no later than 30 days after
receiving the notice described in paragraph (c)(4)(iii) of this
section, or such other time period as the FDIC may determine.

(v) Upon acceptance of a resolution plan as informationally
complete, the FDIC will review the resolution plan in consultation with
the appropriate Federal banking agency for the CIDI and its parent
company. If, after consultation with the appropriate Federal banking
agency for the CIDI, the FDIC determines that the resolution plan of a
CIDI submitted is not credible, the FDIC shall notify the CIDI in
writing of such determination. Any notice provided under this paragraph
shall identify the aspects of the resolution plan that the FDIC
determines to be deficient.

(vi) Within 90 days of receiving a notice of deficiencies issued
pursuant to the preceding paragraph, or such shorter or longer period
as the FDIC may determine, a CIDI shall submit a revised resolution
plan to the FDIC that addresses the deficiencies identified by the FDIC
and discusses in detail the revisions made to address such
deficiencies.

(vii) Upon its own initiative or a written request by a CIDI, the
FDIC may extend any time period under this section. Each extension
request shall be in writing and shall describe the basis and
justification for the request.

(d) Implementation Matters. (1) In order to allow
evaluation of the resolution plan, each CIDI must provide the FDIC such
information and access to such personnel of the CIDI as the FDIC
determines is necessary to assess the credibility of the resolution
plan and the ability of the CIDI to implement the resolution plan. The
FDIC will rely to the fullest extent possible on examinations conducted
by or on behalf of the appropriate Federal banking agency for the
relevant company.

(2) Within a reasonable period of time, as determined by the
FDIC, following its Initial Submission Date, the CIDI shall demonstrate
its capability to produce promptly, in a time frame and format
acceptable to the FDIC, the information and data underlying its
resolution plan. The FDIC shall consult with the appropriate Federal
banking agency for the CIDI before finding that the CIDI's capability
to produce the information and data underlying its resolution plan is
unacceptable.

(3) Notwithstanding the general requirements of paragraph (c)(1)
of this section, on a case-by-case basis, the FDIC may extend, on its
own initiative or upon written request, the implementation and updating
time frames for all or part of the requirements of this section.

(4) FDIC may, on its own initiative or upon written request,
exempt a CIDI from one or more of the requirements of this section.

(e) No limiting effect on FDIC. No resolution plan
provided pursuant to this section shall be binding on the FDIC as
supervisor, deposit insurer or receiver for a CIDI or otherwise require
the FDIC to act in conformance with such plan.

(f) Form of Resolution Plans; Confidential Treatment of
Resolution Plans. (1) Each resolution plan of a CIDI shall be
divided into a Public Section and a Confidential Section. Each CIDI
shall segregate and separately identify the Public Section from the
Confidential Section. The Public Section shall consist of an executive
summary of the resolution plan that describes the business of the CIDI
and includes, to the extent material to an understanding of the CIDI:

(v) A list of memberships in material payment, clearing and
settlement systems;

(vi) A description of foreign operations;

(vii) The identities of material supervisory authorities;

(viii) The identities of the principal officers;

(ix) A description of the corporate governance structure and
processes related to resolution planning;

(x) A description of material management information systems; and

(xi) A description, at a high level, of the CIDI's resolution
strategy, covering such items as the range of potential purchasers of
the CIDI, its material entities and core business lines.

(2) The confidentiality of resolution plans shall be determined
in accordance with applicable exemptions under the Freedom of
Information Act (5 U.S.C. 552(b)) and the FDIC's Disclosure of
Information Rules (12 CFR part 309).

(3) Any CIDI submitting a resolution plan or related materials
pursuant to this section that desires confidential treatment of the
information submitted pursuant to 5 U.S.C. 552(b)(4) and the FDIC's
Disclosure of Information Rules (12 CFR part 309) and related policies
may file a request for confidential treatment in accordance with those
rules.

(4) To the extent permitted by law, information comprising the
Confidential Section of a resolution plan will be treated as
confidential.

(5) To the extent permitted by law, the submission of any
nonpublicly available data or information under this section shall not
constitute a waiver of, or otherwise affect, any privilege arising
under Federal or state law (including the rules of any Federal or state
court) to which the data or information is otherwise subject.
Privileges that apply to resolution plans and related materials are
protected pursuant to Section 18(x) of the FDI Act, 12 U.S.C. 1828(x).

(a) Definitions. For purposes of this section, the
following definitions apply--

(1) Failed insured depository institution is an
insured depository institution for which the FDIC has been appointed
receiver pursuant to 12 U.S.C. 1821(c)(1).

(2) Insured depository institution has the same
meaning as provided by 12 U.S.C. 1813(c)(2).

(3) Records means any reasonably accessible document,
book, paper, map, photograph, microfiche, microfilm, computer or
electronically-created record generated or maintained by an insured
depository institution in the course of and necessary to its
transaction of business.

(i) Examples of records include, without limitation, board or
committee meeting minutes, contracts to which the insured depository
institution was a party, deposit account information, employee and
employee benefits information, general ledger and financial reports or
data, litigation files, and loan documents.

(ii) Records do not include:

(A) Multiple copies of records; or

(B) Examination, operating, or condition reports prepared by, on
behalf of, or for the use of the FDIC or any agency responsible for the
regulation or supervision of insured depository institutions.

(b) Determination of records. In determining whether
particular documentary material obtained from a failed insured
depository institution is a record for purposes of 12 U.S.C.
1821(d)(15)(D), the FDIC in its discretion will consider the following
factors:

(1) Whether the documentary material related to the business of
the insured depository institution,

(2) Whether the documentary material was generated or maintained
as records in the regular course of the business of the insured
depository institution in accordance with its own recordkeeping
practices and procedures or pursuant to standards established by its
regulators, (3) Whether the documentary material is needed by the FDIC
to carry out its receivership function, and

(4) The expected evidentiary needs of the FDIC.

(c) The FDIC's determination that documentary material from a
failed insured depository institution constitutes records is solely for
the purpose of identifying that documentary material that must be
maintained pursuant to 12 U.S.C. 1821(d)(15)(D) and shall not bear on
the discoverability or admissibility of such documentary material in
any court, tribunal or other adjudicative proceeding, nor on whether
such documentary material is subject to release under the Freedom of
Information Act, the Privacy Act or other law.

(d) Destruction of records. (1) Except as provided in
paragraph (d)(2) of this section, after the end of the six-year period
beginning on the date the FDIC is appointed as receiver of a failed
insured depository institution, the FDIC may destroy any records of an
institution which the FDIC, in its discretion, determines to be
unnecessary unless directed not to do so by a court of competent
jurisdiction or governmental agency, prohibited by law, or subject to a
legal hold imposed by the FDIC.

(2) Notwithstanding paragraph (d)(1) of this section, the FDIC
may destroy records of a failed insured depository institution which
are at least 10 years old as of the date on which the FDIC is appointed
as the receiver of such institution in accordance with paragraph (d)(1)
of this section at any time after such appointment is final, without
regard to the six-year period of limitation contained in paragraph
(d)(1) of this section.

(e) Transfer of records. If the FDIC transfers records
to a third party in connection with a transaction involving the
purchase and assumption of assets and liabilities of an insured
depository institution, the recordkeeping requirements of 12 U.S.C.
1821(d)(15)(D), and paragraph (d) of this section shall be satisfied if
the transferee agrees that it will not destroy such records for at
least six years from the date the FDIC was appointed as receiver of
such failed insured depository institution unless otherwise notified in
writing by the FDIC.

(f) Policies and procedures. The FDIC may establish
policies and procedures with respect to the retention and destruction
of records that are consistent with this section.

This is the structure of the data file the FDIC will provide to
remove or add a FDIC hold for an individual account or sub-account. The
file will be in a tab- or pipe-delimited ASCII format and provided
through FDICconnect or Direct Connect. The file will be encrypted using
an FDIC-supplied
algorithm.

Field
name

Field
description

Comments

Format

1. DP_Acct_Identifier

Account
Identifier The primary field used to
identify the account. This field may be the Account
Number.

The Account Identifier may be composed of more than one
physical data element. If multiple fields are required to identify the
account, data should be placed in separate fields and the FDIC
instructed how these fields are combined to uniquely identify the
account.

Character (25).

2. DP_Acct_Identifier--2

Account
Identifier2 If necessary, the second element used
to identify the account.

Character
(25).

3. DP_Acct_Identifier--3

Account
Identifier3 If necessary, the third
element used to identify the
account.

Character
(25).

4. DP_Acct_Identifier--4

Account
Identifier4 If necessary, the fourth
element used to identify the
account.

Character
(25).

5. DP_Acct_Identifier--5

Account
Identifier5 If necessary, the fifth
element used to identify the
account.

Character
(25).

6. DP_Sub_Acct_Identifier

Sub-Account
Identifier If available, the
Sub-Account identifier for the account.

The
Sub-Account Identifier may identify separate deposits tied to this
account where there are different processing parameters such as
interest rates or maturity dates, but all owners are the
same.

Character (25).

7. PH_Hold_Action

Hold
Action The requested hold action to
be taken for this account or sub-account. Possible
values are:  R = Remove.  A = Add.

This is the structure of the data file the FDIC will provide to
apply debits and credits to an individual account or sub-account after
the removal of FDIC holds. The file will be in a tab- or pipe-delimited
ASCII format and provided through FDICconnect or Direct Connect. The
file will be encrypted using an FDIC-supplied
algorithm.

Field
name

Field
description

Comments

Format

1. DP_Acct_Identifier

Account
Identifier The primary field used to
identify the account. This field may be the Account
Number.

The Account Identifier may be composed of more than one
physical data element. If multiple fields are required to identify the
account, data should be placed in separate fields and the FDIC
instructed how these fields are combined to uniquely identify the
account.

Character (25).

2. DP_Acct_Identifier--2

Account
Identifier2 If necessary, the second element used
to identify the account.

Character
(25).

3. DP_Acct_Identifier--3

Account
Identifier3 If necessary, the third
element used to identify the
account.

Character
(25).

4. DP_Acct_Identifier--4

Account
Identifier4 If necessary, the fourth
element used to identify the
account.

Character
(25).

5. DP_Acct_Identifier--5

Account
Identifier5 If necessary, the fifth
element used to identify the
account.

Character
(25).

6. DP_Sub_Acct_Identifier

Sub-Account
Identifier If available, the
sub-account identifier for the account.

The
Sub-Account Identifier may identify separate deposits tied to this
account where there are different processing parameters such as
interest rates or maturity dates, but all owners are the
same.

7. DC_Debit_Amt

Debit
Amount Dollar amount of the debit to
be applied to the account or sub-account.

Decimal
(14,2).

8. DC_Credit_Amt

Credit
Amount Dollar amount of the debit to
be applied to the account or sub-account.

This is the structure for the data file to provide deposit data to
the FDIC. If data or information are not maintained or do not apply, a
null value in the appropriate field should be indicated. The file will
be in a tab- or pipe-delimited ASCII format. Each file name will
contain the institution's FDIC Certificate Number, an indication that
it is a deposit file type and the date of the extract. The files will
be encrypted using an FDIC-supplied algorithm. The FDIC will transmit
to the covered institution the encryption algorithm over
FDICconnect.

The total deposit balances and the number of deposit accounts in
each deposit file must be reconciled to the subsidiary system control
totals.

The FDIC intends to fully utilize a covered institution's
understanding of its customers and the data maintained around deposit
accounts. Should additional information be available to the covered
institution to help the FDIC more quickly complete its insurance
determination process, it may add this information to the end of this
data file. Should additional data elements be provided, a complete data
dictionary for these elements must be supplied along with a description
of how this information could be best used to establish account
ownership or insurance category.

The deposit data elements provide information specific to deposit
account balances and account data. The sequencing of these elements,
their physical data structures and the field data format and field
length must be provided to the FDIC along with the data structures
identified below.

A header record will also be required at the beginning of this file.
This record will contain the number of accounts to be included in this
file, the maximum number of characters contained in largest account
title field maintained within the deposit file and the maximum number
of characters contained in largest address field maintained within the
deposit file.

Note: Each record must contain the account title/name
and current account statement mailing address. Fields 17--33 relate to
the account name and address information. Some systems provide for
separate fields for account title/name, street address, city, state,
ZIP, and country, all of which are parsed out. Others systems may
simply provide multiple lines for name, street address, city, state,
ZIP, with no distinction. Populate fields that best fit the system's
data, either fields 17--27 or fields 28--33.

Field
name

Field description

Comments

Format

1. DP_Acct_Identifier

Account
Identifier The primary field used to
identify the account. This field may be the Account
Number.

The Account Identifier may be composed of more than one
physical data element. If multiple fields are required to identify the
account, data should be placed in separate fields and the FDIC
instructed how these fields are combined to uniquely identify the
account.

Character (25).

2. DP_Acct_Identifier--2

Account
Identifier2 If necessary, the second element used
to identify the account.

Character
(25).

3. DP_Acct_Identifier--3

Account
Identifier3 If necessary, the third
element used to identify the
account.

Character
(25).

4. DP_Acct_Identifier--4

Account
Identifier4 If necessary, the fourth
element used to identify the
account.

Character
(25).

5. DP_Acct_Identifier--5

Account
Identifier5 If necessary, the fifth
element used to identify the
account.

Character
(25).

6. DP_Sub_Acct_Identifier

Sub-Account
Identifier If available, the
sub-account identifier for the account.

The
Sub-Account Identifier may identify separate deposits tied to this
account where there are different processing parameters such as
interest rates or maturity dates, but all owners are the
same.

Character (25).

7. DP_Bank_No

Bank
Number The bank number as- signed to
the deposit account.

Character
(15).

8. DP_Tax_ID

Tax ID The tax
identification number maintained on the account.

For
consumer accounts, typically, this would be the primary account
holder's social security number ("SSN"). For business accounts
it would be the federal tax identification number ("TIN").
Hyphens are optional in this field.

A deposit--also called a "domestic deposit"--includes
only deposit liabilities payable in the United States, typically those
deposits maintained in a domestic office of an insured depository
institution, as defined in section 3(l) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(l)). A foreign deposit is a deposit
liability in a foreign branch payable solely at a foreign branch or
branches.

Single: Accounts owned by an individual and those
accounts held as Minor Accounts, Estate Accounts, Non-Minor
Custodian/Guardian Accounts, Attorney in Fact Accounts and Sole
Proprietorships. Joint Account: Accounts
owned by two or more individuals, but does not include
the ownership of a Payable on Death Account or Trust
Account. Partnership
Account: Accounts owned by a
Partnership. Corporation: Accounts
owned by a Corporation (e.g. Inc., L.L.C., or
P.C.). Brokered
Deposits: Accounts placed by a deposit broker who
acts as an intermediary for the actual owner or
sub-broker. IRA Accounts: Accounts
for which the owner has the right to direct how the funds
are invested including Keoghs and other Self-Directed Retirement
Accounts. Unincorporated Association: An
account owned by an association of two or more persons
formed for some religious, educational, charitable, social or other
non-commercial purpose. Revocable
Trusts: Including PODs and formal revocable trusts
(e.g. Living Trusts, Intervivos Trusts or Family
Trusts). Irrevocable
Trusts: Accounts held by a trust established by
statute or written trust in which the grantor relinquishes all power to
revoke the trust.

Character (2).

Field
name

Field description

Comments

Format

Government
Accounts: Accounts owned by a government entity
(e.g. City, State, County or Federal government entities and their
sub-divisions). Employee Benefit
Plan: Accounts established by the administrator of
an Employee Benefit Plan including defined contribution, defined
benefit and employee welfare plans. Other
Accounts:Accounts owned by an entity not described
above.

These data will be used to identify the owners and
beneficiaries of the account.

Character
(100).

18. DP_Acct_Title_2

Account Title Line
2 If available, the second account
title line.

Character (100).

Field
name

Field description

Comments

Format

19. DP_Acct_Title_3

Account Title Line
3 If available, the third account
title line.

Character
(100).

20. DP_Acct_Title_4

Account Title Line
4 If available, the fourth account
title line.

Character
(100).

21. DP_Street_Add_Ln_1

Street Address Line
1 The current account statement
mailing address of record.

Character
(100).

22. DP_Street_Add_Ln_2

Street Address Line
2 If available, the second mailing
address line.

Character
(100).

23. DP_Street_Add_Ln_3

Street Address Line
3 If available, the third mailing
address line.

Character
(100).

24. DP_City

City The city
associated with the mailing address.

Character
(50).

25. DP_State

State The state
abbreviation associated with the mailing address.

Use
a two-character state code (official U.S. Postal Service
abbreviations).

Character
(2).

26. DP_ZIP

ZIP The ZIP + 4 code
assoc- iated with the mailing address.

If the
"+4" code is not available provide only the 5-digit ZIP code.
Hyphens are optional in this field.

Character
(10).

27. DP_Country

Country The country
associated with the mailing address.

Provide the
country name or the standard IRS country code.

Character
(10).

28. DP_NA_Line_1

Name/Address Line
1 Alternate name/address format for
the current account statement mailing address of record, first line.

Fields 2833 are to be used if address data are not parsed to
populate Fields 1727.

Character
(100).

29. DP_NA_Line_2

Name/Address Line
2 Alternate name/address format,
second line.

Character
(100).

30. DP_NA_Line_3

Name/Address Line
3 Alternate name/address format,
third line.

Character
(100).

31. DP_NA_Line_4

Name/Address Line
4 Alternate name/address format,
fourth line.

Character
(100).

32. DP_NA_Line_5

Name/Address Line
5 Alternate name/address format,
fifth line.

Character
(100).

33. DP_NA_Line_6

Name/Address Line
6 Alternate name/address format,
sixth line.

Character (100).

Field
name

Field description

Comments

Format

34. DP_Cur_Bal

Current Balance The
current balance in the account at the end of business on
the effective date of this file.

This balance should not be reduced
by float or holds. For CDs and time deposits, the balance should
reflect the principal balance plus any interest paid and available for
withdrawal not already included in the principal (do not include
accrued interest). The total of all current balances in this file
should reconcile to the total deposit trial balance totals or other
summary reconciliation of deposits performed by the
institution.

Decimal (14,2).

35. DP_Int_Rate

Interest
Rate The current interest rate in
effect for interest bearing accounts.

Interest rate should be
expressed in decimal format, i.e., 2.0% should be represented as
0.020000000.

Decimal (10,9).

36. DP_Acc_Int

Accrued
Interest The amount of interest that
has been earned but not yet paid to the account as of the date of the
file.

Decimal (14,2).

37. DP_Lst_Int_Pd

Date Last
Interest Paid The date through which
interest was last paid to the account.

Date
(YYYYMMDD).

38. DP_Lst_Deposit

Date Last
Deposit The date of the last deposit
transaction posted to the account.

For example, a deposit that
included checks and/or
cash.

Date (YYYYMMDD).

39. DP_Int_Term_No

Interest
Term Number The number of months in
the current interest term.

Decimal
(3,0).

40. DP_Nxt_Mat

Date of Next
Maturity For CD and time deposit
accounts, the next date the account is to mature.

For
non-renewing CDs that have matured and are waiting to be redeemed this
date may be in the
past.

Date (YYYYMMDD).

41. DP_Open_DT

Account
Open Date The date the account was
opened.

If the account had previously been closed and
re-opened, this should reflect the most recent re-opened
date.

These Product Class coded are used in conjunction
with the Deposit Class Types in field 51. This field is to be used in
concert with fields 12 and 13 identified above to enable the financial
institution to capture more detailed information concerning account
types. It is the intent of the FDIC to have the financial institution
map its detailed account types to the codes identified in this field.
The institution may also use additional codes, but in this event the
institution must supply the detailed description and code value for
each additional code used. If no additional account product type detail
is available then this field should be left blank.

This is the structure of the data file to provide information to the
FDIC on funds residing in investment vehicles linked to each non-closed
deposit account or sub-account: (1) Involved in sweep activity where
the sweep investment vehicle is not a deposit and is reflected on the
books and records of the covered institution or (2) which accepts
automated credits. A single record should be used for each instance
where funds affiliated with the deposit account are held in an
alternative investment vehicle. For any alternative investment vehicle,
a separate account may or may not exist. If an account exists for the
investment vehicle, it should be noted in the record. If no account
exists, then a null value for the Sweep/Automated Credit Account
Identifiers should be provided, but the remainder of the data fields
defined below should be populated.

For data provided in the Sweep/Automated Credit Account File, the
total account balances and the number of accounts must be reconciled to
subsidiary system control totals. The file will be in a tab- or
pipe-delimited ASCII format. The files will be encrypted using an
FDIC-supplied algorithm. The FDIC will transmit the encryption
algorithm over
FDICconnect.

Field
name

Field description

Comments

Format

1. DP_Acct_Identifier

Account
Identifier The primary field used to
identify the account from which funds are swept or
debited. This field may be the Account Number.

The Account
Identifier may be composed of more than one physical data element. If
multiple fields are required to identify the account, data should be
placed in separate fields and the FDIC instructed how these fields are
combined to uniquely identify the account.

Character
(25).

2. DP_Acct_Identifier--2

Account
Identifier2 If necessary, the second element used
to identify the account from which funds are swept or
debited.

Character (25).

3. DP
Acct_Identifier--3

Account Identifier3 If
necessary, the third element used to identify the account
from which funds are swept or debited.

Character
(25).

4. DP_Acct_Identifier--4

Account
Identifier4 If necessary, the fourth
element used to identify the account from which funds are
swept or debited.

Character
(25).

5. DP_Acct_Identifier--5

Account
Identifier5 If necessary, the fifth
element used to identify the account from which funds are
swept or debited.

Character
(25).

6. DP_Sub_Acct_Identifier

Sub-Account
Identifier If available, the
sub-account identifier for the account.

The
Sub-Account Identifier may identify separate deposits tied to this
account where there are different processing parameters such as
interest rates or maturity dates, but all owners are the
same.

7. SW_Acct_Identifier

Sweep/Automated Credit Account
Identifier The primary field used to
identify the account into which funds are swept or credited. This field
may be the Account Number.

Funds may be swept into an investment
vehicle not represented as an account. In this case this field should
be a null value. The Sweep/Automated
Credit Account Identifier may be composed of more than
one physical data element. If multiple fields are required to identify
the account, data should be placed in separate fields and the FDIC
instructed how these fields are combined to uniquely identify the
account.

Character (25).

8. SW_Acct_Identifier--2

Sweep/Automated Credit Account
Identifier2 If necessary, the second
element of the account identifier used to identify the
account into which funds are swept or credited.

Character
(25).

9. SW_Acct_Identifier--3

Sweep/Automated Credit
Account Identifier3 If necessary, the third
element of the account identifier used to identify the
account into which funds are swept or credited.

Character
(25).

10. SW_Acct_Identifier--4

Sweep/Automated Credit Account
Identifier4 If necessary, the fourth
element of the account identifier used to identify the
account into which funds are swept or credited.

Character
(25).

11. SW_Acct_Identifier--5

Sweep/Automated Credit Account
Identifier5 If necessary, the fifth
element of the account identifier used to identify the
account into which funds are swept or credited.

Character
(25).

12. SW_Sub_Acct_Identifier

Sweep/Automated Credit
Sub-Account Identifier If available, the sub
account identifier for the account.

This is the structure of the data file to provide information to the
FDIC for each legal or collateral hold placed on a deposit account or
sub-account. If data or information are not maintained or do not apply,
a null value in the appropriate field should be indicated. The file
will be in a tab- or pipe-delimited ASCII format. Each file name will
contain the institution's FDIC Certificate Number, an indication that
it is a hold data file type and the date of the extract. The files will
be encrypted using an FDIC-supplied algorithm. The FDIC will transmit
the encryption algorithm over FDICconnect.

Field
name

Field description

Comments

Format

1. DP_Acct_Identifier

Account
Identifier The primary field used to
identify the account. This field may be the Account
Number.

The Account Identifier may be composed of more than one
physical data element. If multiple fields are required to identify the
account, data should be placed in separate fields and the FDIC
instructed how these fields are combined to uniquely identify the
account.

Character (25).

2. DP_Acct_Identifier--2

Account
Identifier2 If necessary, the second element used
to identify the account.

Character (25).

3. DP
Acct_Identifier--3

Account Identifier3 If
necessary, the third element used to identify the
account.

Character
(25).

4. DP_Acct_Identifier--4

Account
Identifier4 If necessary, the fourth
element used to identify the account.

Character (25).

5. DP_Acct_Identifier--5

Account
Identifier5 If necessary, the fifth
element used to identify the account.

Character
(25).

6. DP_Sub_Acct_Identifier

Sub-Account
Identifier If available, the
sub-account identifier for the account.

The
Sub-Account Identifier may identify separate deposits tied to this
account where there are different processing parameters such as
interest rates or maturity dates, but all owners are the
same.

This is the structure of the data file to provide to the FDIC
information related to each customer who has an account or sub-account
reported in the deposit data or sweep/automated credit account file. If
data or information are not maintained or do not apply, a null value in
the appropriate field should be indicated. The file will be in a tab-
or pipe-delimited ASCII format. Each file name will contain the
institution's FDIC Certificate Number, an indication that it is a
customer file type and the date of the extract. The files will be
encrypted using an FDIC-supplied algorithm. The FDIC will transmit the
encryption algorithm over FDICconnect.

Note: Each record must contain the customer's name and
permanent legal address. Fields 4--12 relate to the customer name for
individuals only. Fields 13--14 relate to the customer name for
entities other than individuals. Some systems provide for separate
fields for name, street address, city, state, ZIP, and country, all of
which are parsed out. Others systems may simply provide multiple lines
for name, street address, city, state, ZIP, with no distinction. In
this case, certain name and address data elements must be parsed and
provided in the appropriate
fields.

Field
name

Field description

Comments

Format

1. CS_Cust_Identifier

Customer
Identifier The unique field used by
the institution to identify the customer.

Character (25).

2. CS_Tax_ID

Customer Tax ID
Number The tax identification number on record for the
customer.

Entity
Name Line 1 For entities other than
individuals, the free-form name narrative of the
customer, first line.

Character
(100).

14. CS_Ent_Name_Line_2

Entity Name Line
2 If available for entities other
than individuals, the free-form name narrative of the customer, second
line.

Character
(100).

15. CS_Nar_Addr_Line_1

Customer Address Line
1 If available, the free-form
permanent legal address narrative of the customer, line
one.

Character
(100).

16. CS_Nar_Addr_Line_2

Customer Address Line
2 If available, the free-form
permanent legal address narrative of the customer, line
two.

Character
(100).

17. CS_Nar_Addr_Line_3

Customer Address Line
3 If available, the free-form
permanent legal address narrative of the customer, line
three.

Character
(100).

18. CS_Street_Address_1

Street Address Line
1 The permanent legal ad- dress of
the customer, line one.

This field is required. If necessary, data
should be parsed from fields 16 or 17 to obtain this
element.

Character (100).

19. CS_Street_Address_2

Street
Address Line 2 The permanent legal ad-
dress of the customer, line two.

This field is
required. If necessary, data should be parsed from fields 16 or 17 to
obtain this element.

Character
(100).

20. CS_City

City The city
associated with the permanent legal address.

This
field is required. If necessary, data should be parsed from fields 16
or 17 to obtain this element.

Character (25).

Field
name

Field description

Comments

Format

21. CS_State

State The state
abbreviation associated with the permanent legal address.

This field is required. If necessary, data should be parsed from
fields 16 or 17 to obtain this element. Use a two-character state code
(official U.S. Postal Service abbreviations).

Character
(2).

22. CS_ZIP

ZIP The ZIP + 4 code
associated with the permanent legal address.

This field is
required. If necessary, data should be parsed from fields 16 or 17 to
obtain this element. If the "+4" code is not available, provide
only the 5-digit ZIP code. Hyphens are optional in this
field.

Character
(10).

23. CS_Country

Country The country
associated with the permanent legal address.

This
field is required. If necessary, data should be parsed from fields 16
or 17 to obtain this element. Provide the name of the country or the
standard IRS country code.

Character
(10).

24. CS_Telephone

Customer Telephone
Number The telephone number on record
for the customer.

This is the structure of the data file to provide to the FDIC
information necessary to link the records in the deposit and customer
files. If data or information are not maintained or do not apply, a
null value in the appropriate field should be indicated. The file will
be in a tab- or pipe-delimited ASCII format. Each file name will
contain the institution's FDIC Certificate Number, an indication that
it is a join file type and the date of the extract. The files will be
encrypted using an FDIC-supplied algorithm. The FDIC will transmit the
encryption algorithm over FDICconnect.

The deposit-customer join file will have one or more records for
each deposit account, depending on the number of relationships to each
account. A simple individual account, for example, will be associated
with only one record in the deposit-customer join file indicating the
owner of the account. A joint account with two owners will be
associated with two records in the deposit-customer join file, one for
each owner. The deposit-customer join file will contain other records
associated with a deposit account to designate, among other things,
beneficiaries, custodians, trustees and agents. This methodology allows
the FDIC to know all of the possible relationships for an individual
account and also whether a single customer is involved in many
accounts.

Field
name

FDIC Field description

Comments

Format

1. CS_Cust_Identifier

Customer
Identifier The unique field used by
the institution to identify the customer.

Character (25).

2. DP_Acct_Identifier

Account
Identifier The primary field used to identify the
account. This field may be the Account Number.

The Account
Identifier may be composed of more than one physical data element. If
multiple fields are required to identify the account, the data should
be placed in separate fields and the FDIC instructed how these fields
are combined to uniquely identify the account.

Character
(25).

3. DP_Acct_Identifier--2

Account
Identifier2 If necessary, the second element used
to identify the account.

Character (25).

4. DP
Acct_Identifier--3

Account Identifier3 If
necessary, the third element used to identify the
account.

Character
(25).

5. DP_Acct_Identifier--4

Account
Identifier4 If necessary, the fourth
element used to identify the account.

Character (25).

6. DP_Acct_Identifier--5

Account
Identifier5 If necessary, the fifth
element used to identify the account.

Character
(25).

7. DP_Sub_Acct_Identifier

Sub-Account
Identifier If available, the
sub-account identifier for the account.

The
Sub-Account Identifier may identify separate deposits tied to this
account where there are different processing parameters such as
interest rates or maturity dates, but all owners are the
same.

Institutions must map their relationship codes to the codes in the
list to the left. If the institution maintains more relationships they
must supply the additonal relationship codes being utilized along with
the code definition.

Multiple combinations of deposit, sweep/automated credit, hold,
customer, and deposit-customer join files are permissible, but only in
the following circumstances:

1. Each separate deposit file must have companion sweep/automated
credit and hold files covering the same deposit accounts.

2. A single customer file may be submitted covering customers
affiliated with deposit accounts in one or more deposit files as long
as the customer file contains information on all of the customers
affiliated with the deposit files.

3. Several customer files may be submitted as long as each separate
customer file contains information on all of the customers affiliated
with the associated deposit files.

Figure 2 shows a permissible file configuration using a single
Customer File affiliated with Deposit File A and Deposit File B. As
required, Deposit File A has a companion Sweep/Automated Credit File A
and Hold File A. The same is true for Deposit File B.

Another permissible combination of files is shown in Figure 3, which
is a variation of the basic data file structure shown in Figure
1.